CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT 85/06 Medium Neutral Citation: [2007] ZACC 22. Sidumo and Congress of South African Trade Unions v Rustenburg Platinum Mines Ltd, Commission for Conciliation, …
Sidumo revisited
historic judgment concerning our labour-law jurisprudence in Sidumo v Rustenburg Platinum Mines. 1 This judgment was eagerly awaited by both employers as well as employees and was of significant importance to the Commission for Conciliation, Mediation and Arbitration 2 and other relevant 1 [2007] 12 BLLR 1097 (CC). 2 Hereinafter "the …
IN THE LABOUR COURT OF SOUTH AFRICA AT …
[9] The Rustenburg Platinum Mines Ltd (Rustenburg Section) v CCMA & Others 1997 (11) BLLR 1475 (LC) case held that the provisions of the Act, read with the regulations, required LRA form 7.11 to be signed by the employee him or herself.
Sidumo
2 Rustenburg Platinum Mines Ltd (Rustenburg Section) v Commission for Conciliation, Mediation and Arbitration 3 2007 (1) SA 576 (SCA); [2006] 11 BLLR 1021 (SCA); (2006) 27 ILJ 2076 (SCA). See the key and associated findings by the Supreme Court of Appeal id at para 48. ... would have had to be taken into account in the 13 Id at para 37. 14 The ...
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
of Appeal ("the SCA") handed down in Rustenburg Platinum Mines Ltd (Rustenburg Section) v Commission for Conciliation, Mediation and Arbitration 2007 (1) SA 576 (SCA).1 The judgment was handed down on 26 September 2006. 1 Also reported at [2006] 11 BLLR 1021 (SCA), and (2007) 28 ILJ 2076 (SCA). All references below
IN THE LABOUR COURT OF SOUTH AFRICA
3 Sidumo & another v Rustenburg Platinum Mines Ltd & others (2007) 28 ILJ 2405 (CC); [2007] 12 BLLR 1097 (CC). This constitutes a gross irregularity in the conduct of the arbitration proceedings, as ... 7 Ellerine Holdings Ltd v CCMA & others (2008) 29 ILJ 2899 (LAC) at 2905G-I; ...
CONSTITUTIONAL COURT OF SOUTH AFRICA
v RUSTENBURG PLATS AND CCMA 28.03.07 3 INTRODUCTION 1. This is an appeal against the judgment of the SCA in Rustenburg Platinum Mines v CCMA and others …
IN THE HIGH COURT OF SOUTH AFRICA
The judgment has been reported: Rustenburg Platinum Mines Ltd (Rustenburg Section) v CCMA & others [2006] 11 BLLR 1021 (SCA). THE SCA'S KEY FINDINGS 8. The …
IN THE LABOUR COURT OF SOUTH AFRICA
Appeal in the case of Rustenburg Platinum Mines Ltd v CCMA & Others (2006) 11 BLLR 1021 (SCA). The test for rationality is satisfied if there is reasonable logical connection …
IN THE LABOUR COURT OF SOUTH AFRICA, …
Conciliation, Mediation and Arbitration (CCMA), under case number NC 260-16, dated 25 April 2016 in terms of which the arbitrator found that the dismissal of the ... 2 See: Sidumo and Another v Rustenburg Platinum Mine Ltd and Others [2007] 12 BLLR 1097 (CC). 3 3. Breached health and safety rules by operating a dumper truck at
Jansen v Commission for Conciliation, Mediation and
See in this regard: Sidumo and Another v Rustenburg Platinum Mines Ltd and Others: ... See also Fidelity Cash Management Service v CCMA and Others [8] where the Labour Appeal Court clearly set out what the duties of an arbitrator are when deciding an appropriate sanction:
THE GROUNDS FOR REVIEW OF CCMA AWARDS by …
Shoprite Checkers (Pty) Ltd v Ramdaw NO 30 D. Conclusion 32 CHAPTER 4 THE REVIEW OF ARBITRATION AWARDS: SIDUMO 33 AND BEYOND A. Introduction 33 B. Sidumo v Rustenburg Platinum Mines CC 34 1. Introduction 34 2. The Administrative Nature of CCMA Awards 34 3.
Analysis of the test for review as set down in the Sidumo …
This research study focuses on the test for review as set down in the Sidumo & another v Rustenburg Platinum Mines Ltd &others (2007) BLLR 1097 (CC) (herein after referred to as Sidumo), judgement. An analysis of case law is undertaken in order to determine whether the test is now in decline. This is achieved by exploring the relevant case law and cases …
How do you determine a fair sanction? Dismissal as …
25 Sidumo v Rustenburg Platinum Mines Ltd (2007) 12 BLLR 1097 (CC). 26 Idempar 66. 27 Idempar 75. 28 Ibid. 29 In the Sidumo case (supra) the commissioner considered Mr …
IN THE LABOUR COURT OF SOUTH AFRICA, …
1 Sidumo & another v Rustenburg Platinum Mines Ltd & others [2007] 12 BLLR 1097 (CC). 2 Herholdt v Nedbank Ltd (Congress of South African Trade Unions as Amicus Curiae) [2013] 11 BLLR 1074 (SCA). 3 Goldfields Mining South Africa (Pty) Ltd (Kloof Goldmine) v Commission for Conciliation, Mediation
Metal and Engineering Industries Bargaining Council v
The income from the Applicant's contracts with the Mining Industry is approximately R80 million per annum while the income from the Randfontein workshop generates R20 million per annum, or 25% of the Applicant's total turnover. ... Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (2007) 12BLLR 1097(CC) ... Coin Security (Pty ...
[2007] ZACC 22 Z SIDUMO First Applicant
RUSTENBURG PLATINUM MINES LTD First Respondent COMMISSION FOR CONCILIATION, MEDIATION AND ARBITRATION Second Respondent …
Pioneer Foods (Pty) Ltd v Commission for Conciliation
Summary: CCMA arbitration proceedings – review of proceedings, decisions and awards of arbitrators – test for review – s 145 of LRA 1995 – determination of gross irregularities and reasonable outcome . ... In Sidumo and Another v Rustenburg Platinum Mines Ltd and Others, [2] ...
Rustenburg Platinum Mines Limited v UASA obo Pietersen …
'The dismissal of Steve Pietersen by Rustenburg Platinum Mines Limited on 20 April 2015 was substantively fair'. 2. UASA is ordered to pay the costs of this application. _____ E. Tlhotlhalemaje ... Ltd v CCMA (2014) 35 ILJ (LC) at para 11, where Rabkin-Naicker J held that;
IN THE LABOUR COURT OF SOUTH AFRICA, …
Constitutional Court, in Sidumo v Rustenburg Platinum Mines Ltd,8 held as follows, regarding a role of an arbitrator in a dismissal dispute: ... County Fair Foods (Pty) Ltd v CCMA, this Court sounded a warning that failure to deal with an important facet may, depending on the circumstances of the case, provide evidence that the Commissioner did ...
Consani Engineering case
Students also viewed. Sibiya Racial 2016; 10 - case law summary; Mafomane v Rustenburg Platinum Mines Ltd [2003 ] 10 BLLR 999 (LC) Solidarity obo Wehncke v Surf4cars (Pty) Ltd [2014 ] 7 BLLR 702 (LAC)
SAEWA obo Bester v Rustenburg Platinum Mine and …
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others 2008 (2) SA 24 (CC) at para 110. [5] Sidumo and Another v Rustenburg Platinum Mines Limited and Others 2008 (2) SA 24 (CC). [6] Gold Fields Mining South Africa (Pty) Ltd (Kloof Gold Mine) v Commission for Conciliation, Mediation and Arbitration and Other s [2007] ZALC …
SAFLII Home | SAFLII
Neutral citation: Rustenburg Platinum Mines Ltd v CCMA [2006] SCA 115 (RSA) JUDGMENT _____ CAMERON JA: Introduction [1] In June 2000 the appellant (the mine) dismissed the third respondent, Mr Zingisile Sidumo, from his job as a grade II patrolman in its protection services department. Sidumo successfully challenged his dismissal under …
Sidumo review test as interpreted in Fidelity Cash MS (LAC)
In this insight, we provide an explanation of the new Sidumo test by Zondo JP in recent LAC case of Fidelity Cash Management Service v CCMA (Conway). Original Sidumo test. In October 2007, the Constitutional Court overturned the landmark decision of the Supreme Court of Appeal. Sidumo v Rustenburg Platinum Mines Ltd [Navsa AJ et …
2018: Case Law Updates
Forms and Rules CCMA & Labour Court. CCMA Information Sheets. Labour Court Judgements. ... Rustenburg Platinum Mines Limited v UASA obo Pietersen and Others (JR641/2016) [2018] ZALCJHB 72; (2018) 39 ILJ 1330 (LC) ... Assmang (Pty) Ltd (Black Rock Mine) v Markram (unreported case no. JR 2496/15 .
quotation from it or information derived from it is to be …
Constitutional Court's decision in Sidumo & another v Rustenburg Platinum Mines Ltd & ... 4.2 De Beers Consolidated Mines Ltd v CCMA & others..... 72 4.3 Shoprite Checkers (Pty) Ltd v Ramdaw NO & others..... 77 4.4 Shoprite Checkers (Pty) Ltd …
Sidumo & (and) Another v Rustenburg Platinum Mines Ltd
SIDUMO & ANOTHER v RUSTENBURG PLATINUM MINES LTD & OTHERS CONSTITUTIONAL COURT (CCT85/06) A 8 May; 5 October 2007 Before MOSENEKE …
Hidden racial attitudes within the workplace: an evaluation of Bester v
103 De Beers Consolidated Mines Ltd v CCMA 2000 21 ILJ 1051 (LAC) para 22. 104 Ibid para 23; note 3 above paras 51–7. ... 38 ILJ 986 (CCMA) para 64. 108 Sidumo v Rustenburg Platinum Mines 2008 (2) SA 24 (CC) para 72. 109 Woolworths (Pty) Ltd v Mabija 2016 37 ILJ 1380 (LAC) para 19.
VOLUME 39 JUNE 2018 INDUSTRIAL LAW JOURNAL …
arbitration award and upheld the dismissal of the employee (Rustenburg Platinum Mines Ltd v United Association of SA on behalf of Pietersen & others at 1330). In a matter before the CCMA, where a senior employee had touched the breasts of a young subordinate, the commissioner found that his conduct clearly constituted sexual harassment.
THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
Neutral citation: Rustenburg Platinum Mines Ltd v CCMA [2006] SCA 115 (RSA) 2 JUDGMENT _____ CAMERON JA: Introduction [1] In June 2000 the appellant (the mine) dismissed the third respondent, Mr Zingisile Sidumo, from his job as a grade II patrolman in its protection services department. Sidumo ...
Rustenburg Platinum Mines v Commission for …
[1] This is an opposed application in terms of s145 of the Labour Relations Act 66 of 1995 (the LRA) to review and set aside the arbitration award issued on the 21 December …
Theme 6 cases Termination and Dismissal
Consani Engineering (Pty) Ltd v CCMA (2004) 25 ILJ 1707 (LC) Dealt with the issue of consistency. The company had been experiencing significant stock losses through theft by employees and notified employees that it was adopting a zero-tolerance approach to theft. ... Mafomane v Rustenburg Platinum Mines Ltd [2003]10 BLLR 999 (LC) The labour ...
UNIVERSITY OF KWAZULU-NATAL COLLEGE OF LAW …
South African Breweries Ltd v CCMA and Others (C665/2011) [2012] ZALCCT 17 (24 MAY 2012). Southern Sun Hotel Interest v CCMA and Others [2009] 11 BLLR 1128 (LC). Sidumo and Another v Rustenburg Platinum Mines Ltd and Others (2007) 28 ILJ 2405 (CC). Standard Bank of SA v CCMA and Others (1998) ILJ 903(LC).
IN THE LABOUR COURT OF SOUTH AFRICA, …
Sidumo and Another v Rustenburg Platinum Mines Ltd and Others. 2. was reiterated in . Herholdt v Nedbank Ltd and Congress of South African Trade Unions. 3. as follows: 'In summary, the position regarding the review of CCMA awards is this: A review of a CCMA award is permissible if the defect in the proceedings falls in
Rustenburg Platinum Mines Limited (Rustenburg Section) v Monnapula
Rustenberg Platinum Mines Ltd (Rustenberg Section) v CCMA and other (1998) 19 IJL 327 (LC). 12. However, there are other decisions of this court which suggest that such a referral may be made in a representative capacity. Etschmailer v CCMA & others (1999) 20 IJL 144 (LC) p150 para 50. Moolman Brothers v Gaylard n.o (1998) 19
SIDUMO REVISITED – AN ARTICLE ON THE …
judgment of Sidumo v Rustenburg Platinum Mines Ltd ((2007) 28 ILJ 2405 (CC)), and consequently ascertain the correct approach to be adopted by our Labour Courts ... 9 Southern Sun Hotel Interests (Pty) Ltd v CCMA [2009] 11 BLLR 1129 (LC) par 14–17. 10 Myburgh 2013 23 Contemporary Labour Law 32. 11 Myburgh 2013 34 ILJ 20.
THE LABOUR COURT OF SOUTH AFRICA, CAPE TOWN …
Sidumo & another v Rustenburg Platinum Mines Ltd & others1 there still appears to be no clarity in this regard, given the arguments before this court. I shall attempt, with some trepidation, to articulate the test again ... v CCMA & others2, the Labour Appeal Court held that in considering the totality of circumstances, the commissioner would ...